If a married couple is filing for an uncontested divorce, it usually means that the pair have agreed to the terms of their divorce and has no intention of challenging things any further. California has ‘no-fault’ divorce laws, which means you could possibly end your marriage without spending too much time in the courtrooms.

In an uncontested divorce, the divorcing couple will not need to go through the lengthy litigation process, where both parties argue for what they want and what they feel the other deserves. Even in cases of uncontested divorce, it is still wise for both parties to have their own dedicated lawyers.

What Are the Requirements for an Uncontested Divorce?

To qualify for an uncontested divorce in California, you must meet certain requirements. At least one of the spouses needs to have been a resident in the county where the divorce is being filed for a time of three months or more. Both parties must be willing and agreeable to sign all the many forms. And there can be no disagreement about the dividing up of property, finances, child custody, and child support.

A divorce case could go from contested to uncontested if both spouses come to some agreement after mediation. If so, the now uncontested divorce case will go faster, and certain court dates may be avoidable.

Do I Still Need to Go to Court in an Uncontested Divorce?

Whether your divorce is contested or not, California law requires that the courts be involved regardless. Your marriage was a legal matter and it takes the law’s powers to officially grant separation. This court-ordered end to your marriage allows both parties to follow new roads in life and remarry should they wish to.

In some cases, a judge does have the authority not to approve of a divorce agreement if he or she believes that the uncontested divorce exceedingly favors one party over the other or they suspect that the agreement was made under duress or under threat. Strong legal representation is the best way to avoid unforeseen hiccups in the complex court process.

Can a Lawyer Help Me Through the Uncontested Divorce Process?

Even if you and your spouse have come to an agreement and consider your divorce to be uncontested, both sides should still consider getting an attorney with experience in family law. A lawyer will represent your individual interests and remind you of your rights. And the family law attorney can help make sure that all paperwork is in order so that the complicated process can reach its desired conclusion.

The Bains Law Offices prides itself on taking care of its clients’ needs during the difficult process of divorce proceedings. Call us to set up a consult today at 559-890-1007.